Do You Have Your Hall Pass?

The Identity Project asks the question “Mother, may I?” in a piece on newly proposed travel regulations:

Should you have to ask for permission from the government before you are allowed to get on a plane or cruise ship?

The Department of Homeland Security has proposed that airlines and cruise ships be required to get individual permission (”clearance”) from the DHS for each individual passenger on all flights to, from, or via the U.S. Unless the answer is “Yes” — if the answer is “no” or “maybe”, or if the DHS doesn’t answer at all — the airline wouldn’t be allowed to give you a boarding pass, or let you or your luggage on the plane or ship.

The Identity Project, along with the World Privacy Forum and John Gilmore, has filed comments with the DHS objecting to this proposal as a violation of international human rights, First Amendment rights, and privacy and government accountability laws.

OpEdNews also reports on the proposed regs, in Homeland Security Tightens Grip on International Travel, noting:

A radical change in international travel rules has been lost in these tumultuous last few months that have seen the demise of habeas corpus, the legalization of torture and the expansion of the President's martial law powers.

This is the No Fly List -- with a twist. As OpEdNews explains:

Current practices already represent a severe restriction on the right to travel. The "no-fly list" dates back to 1990, but Patriot Act I created a new agency, the Transportation Security Administration, that was charged with creating and maintaining a list of people who were not allowed to board airplanes. The list was reported to have contained around 1,000 names by the end of 2001 . . . In December, 2005, a Swedish airline leaked that the list had grown from 1,000 to over 80,000.

The new procedure will completely eliminate the opportunity for the public to find out how many people are on the list. No airline or cruise company will ever receive a "no-fly" or "selectee" list. Instead of providing a passenger manifest after departure as now required by the Customs and Border Patrol, airlines, cruise lines and other public carriers will have to provide a provisional pasenger list prior to departure. This list will be checked against a Homeland Security list of citizens approved for international travel, and the carrier will be ordered not to board those who are not approved.

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Who will be on the list? That's a secret. What criteria will determine who is on and who is off the list? That's a secret. How many people will be approved and how many will not? That's a secret. If you're not on the approved list, how can you petition the government to change your status? You can't.

Blogger Orcinus summarizes the meaning of the proposed reg in Over the Line:

In short: Starting on January 15, you can't get on a plane or a cruise ship that might touch US airspace or waters without specific prior approval from DHS. And if they get away with this one, it will open the door for requiring everyone (including yours truly on her weekly mail runs) to get DHS' official blessing before they try to cross the border into or out of the U.S. The decisions, as always, will be made by anonymous bureaucrats who account to no one. There will, as always, be no avenue of appeal.

See Also, Permission to travel, Edward Hasbrouck's Practical Nomad.

As I've said before, see Super Fly, I hate to fly!!

Tags: Civil Liberties, Homeland Security, Flying, Law